Local Review Body - 17/08/2021
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 17th August, 2021.
Present:-
Councillor Will DAWSON
Councillor Margaret RICHARDSON
Bailie Christina ROBERTS
Councillor Will DAWSON, Convener, in the Chair.
The Chair welcomed those present to the meeting and briefly outlined the role of the Local Review Body and officers, in particular advising that, although the Planning Adviser was an employee of the Planning Authority, he had not been involved in the determination of the case under review and was present to provide factual information and guidance only.
I DECLARATION OF INTEREST
There were no declarations of interest.
II MINUTE OF MEETING OF LOCAL REVIEW BODY OF 15TH JUNE, 2021
The minute of meeting was approved.
III LOCAL PLANNING REVIEW LRB04/21 - DUNLAW HOUSE, 10 UNION TERRACE, DUNDEE
There was submitted Agenda Note AN22-2021 giving details of a request for a review of the refusal of planning permission for the formation of driveway and sliding gate at Dunlaw House, 10 Union Terrace, Dundee.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
The Legal Adviser advised that the applicant had intimated in the Notice of Review that they had not raised any new matters which were not before the Appointed Officer at the time of reaching their decision. However, in the appeal statement, the applicant does respond to comments which were raised by the Appointed Officer in the Report of Handling, and addresses what they consider to be contradictions in the planning policies. The statement also includes a number of photographs of the surrounding area, but does not include anything that the Appointed Officer would not have been aware of. The Legal Adviser considered that this did not bring any new information before the Local Review Body and should be taken into consideration during its deliberations.
The Local Review Body considered the documentation submitted and, after discussion, agreed in terms of the Local Review Procedure Regulations to determine the review without further procedure on the basis of the information before it.
Thereafter, having considered all the information, the Local Review Body, having taken into account the provisions of the Development Plan, all material considerations, and all matters raised at the review, upheld the Appointed Officers decision to refuse planning permission 21-00321-FULL for the following reasons:-
01. The proposals fail to comply with Policy 11 (Householder Development) of the Dundee Local Development Plan (2019) and the Householder Supplementary Guidance (2019) due to the detrimental impact on the character of the surrounding area as a result of the proposed breach and the development is not consistent with other policies of the plan. These factors would result in a poor quality of development and there are no material considerations to justify a decision contrary to this.
02. The application fails to comply with Policy 51 (Development in Conservation Areas) of the Dundee Local Development Plan (2019) and Dundee City Council's guidance on Breaches in Boundary Walls (2010). It fails to respect the guidance within the Crescents Conservation Area Appraisal and approval would not discharge the statutory duties of Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the proposed breach would have a detrimental impact upon the character and appearance of the Conservation Area. These factors would result in a poor quality of development and there are no material considerations to justify a decision contrary to this.
03. The proposals fail to comply with Policy 54 (Safe and Sustainable Transport) of the Dundee Local Development Plan (2019) due to the detrimental effect on the safe functioning of the existing road network, specifically that the height of the boundary walls and vegetation would severely restrict visibility for vehicles exiting the proposed driveway and would not allow vehicles on the street to see vehicles exiting the driveway. This would result in road safety issues and there are no material considerations to justify a decision contrary to this.
Will DAWSON, Chair.